Clause 8

Policing and Crime Bill – in a Public Bill Committee at 10:15 am on 5th February 2009.

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Authorisations for surveillance etc

Amendments made: 8, in clause 8, page 10, line 41, leave out ‘subsection (1ZB)’ and insert ‘subsections (1ZB) and (1ZE)’.

Amendment 9, in clause 8, page 11, line 15, after ‘force.’ insert—

‘(1ZD) Subsection (1ZE) applies if the chief constable of a Scottish police force (“the Scottish authorising force”) has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces.

(1ZE) A person who is a designated person for the purposes of section 28 or 29 by reference to an office, rank or position with the Scottish authorising force may grant an authorisation under that section on an application made by a member of a collaborative force (subject to subsection (1ZF)).

(1ZF) The person may grant the authorisation only if section 28(3)(a) or (c) or 29(3)(a) or (c) applies to it.

(1ZG) For the purposes of subsection (1ZE) a Scottish police force is a collaborative force if—

(a) its chief constable is a party to the agreement mentioned in subsection (1ZD); and

(b) its members are permitted by the terms of the agreement to make applications for authorisations under section 28 or 29 to a person who is a  designated person for the purposes of that section by reference to an office, rank or position with the Scottish authorising force.’.

Amendment 10, in clause 8, page 11, line 16, leave out ‘subsection (3ZB)’ and insert ‘subsections (3ZB) and (3ZE)’.

Amendment 11, in clause 8, page 11, line 36, leave out ‘subsection (3ZB)’ and insert ‘subsections (3ZA) and (3ZB)’.

Amendment 12, in clause 8, page 11, line 43, after ‘force.’ insert—

‘(3ZD) Subsection (3ZE) applies if—

(a) the chief constable of a Scottish police force (“the Scottish surveillance authorising force”) has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces; and

(b) an application for an authorisation for the carrying out of intrusive surveillance is made by a member of a collaborative force.

(3ZE) A person who is a senior authorising officer by reference to the Scottish surveillance authorising force may—

(a) grant the authorisation (subject to subsection (3ZF));

(b) in a case where the authorisation is for the carrying out of intrusive surveillance in relation to any residential premises, grant the authorisation only in relation to premises in the area which is—

(i) the area of operation of a collaborative force; and

(ii) specified in relation to members of that force in the agreement mentioned in subsection (3ZD).

(3ZF) The person may grant the authorisation only if section 32(3)(a) or (c) applies to it.

(3ZG) For the purposes of subsections (3ZD) and (3ZE) a Scottish police force is a collaborative force if—

(a) its chief constable is a party to the agreement mentioned in subsection (3ZD); and

(b) its members are permitted by the terms of the agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who is a senior authorising officer by reference to the Scottish surveillance authorising force.’.

Amendment 13, in clause 8, page 12, line 4, after ‘force.’ insert—

‘(5B) In subsections (1ZD) to (1ZG) and (3ZD) to (3ZG) a reference to a Scottish police force is to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.’—(Mr. Coaker.)

Clause 8, as amended, ordered to stand part of the Bill.

Clauses 9 and 10 ordered to stand part of the Bill.

The Chairman adjourned the Committee without Question put (Standing Order No. 88).

Adjourned till this day at One o’clock.